Section 28E
Powers of entry, search and seizure
of Labuan Financial Services Authority Act 1996
(a)
enter any premises of a Labuan financial institution or any corporation related to any Labuan financial institution;
(b)
search the premises for any property, record, report, object, article, material, thing, book, minute book, account, register or document;
(c)
inspect, make copies of or take extracts from any record, report, object, article, material, thing, book, minute book, account, register or document so seized and detained;
(d)
take possession of and remove from the premises, any property, record, report, object, article, material, thing, book, minute book, account, register or document so seized and detained and detain it for such periods as he deems necessary;
(e)
search any person who is in, or on, such premises, if the investigating officer has reason to suspect that, that person has on his person any property, record, report, object, article, material, thing, book, minute book, account, register or document, including personal documents, necessary, in the investigating officer’s opinion, for the purpose of investigating into any criminal offence;
(f)
break open, examine and search any article, container or receptacle; or
(g)
stop, detain or search any conveyance.
36 Laws of Malaysia ACT 545
(2)
An investigating officer may, if it is necessary to do so—
(a)
break open any outer or inner door of such premises or conveyance and enter such premises or conveyance;
(b)
remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or
(c)
detain any person found on such premises, or in such conveyance, until the search is completed.
(3)
Notwithstanding any provision under this Act to the contrary, any detention of any person under this section shall not be for more than twenty four hours without the authorisation of a Magistrate.
(4)
An investigating officer may seize, take possession of, and detain for such duration as he thinks necessary, any property, record, report, object, article, material, thing, book, minute book, account, register or document produced before him in the course of his investigation or found on the person who is being searched by him.
(5)
A list of all things seized in the course of a search made under this section and of the premises in which they are respectively found shall be prepared by the investigating officer conducting the search and signed by him.
(6)
The occupant of the premises entered under subsection (1), or some person on his behalf, shall be permitted to attend during the search, and a copy of the list prepared and signed under this section shall be delivered to such occupant or person at his request.
(7)
Notwithstanding the foregoing provisions, no investigating officer of the Authority shall enter any premises by the use of force without a search warrant by a Magistrate unless he has reasonable grounds for believing that, by reason of the delay in obtaining a search warrant, any property, record, report, object, article, material, thing, book, minute book, account, register or document may be
Labuan Financial Services Authority 37
interfered with or destroyed or the object of any entry is likely to be frustrated.
(8)
An investigating officer shall, unless otherwise ordered by any court—
(a)
on the close of investigations or any proceedings arising therefrom; or
(b)
with the prior written consent of his superior officer, at any time before the close of investigations, release any property, record, report, object, article, material, thing, book, minute book, account, register or document seized, detained or removed by him, to such person as he determines to be lawfully entitled to the property, record, report, object, article, material, thing, book, minute book, account, register or document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.
(9)
A record in writing shall be made by the officer effecting any release of any property, record, report, object, article, material, thing, book, minute book, account, register or document under subsection
(8)
in respect of such release specifying therein in detail the circumstances of, and the reason for, such release.
(10)
Where the investigating officer is unable to determine the person who is lawfully entitled to the property, record, report, object, article, material, thing, book, minute book, account, register or document or where there is more than one claimant to such property, record, report, object, article, material, thing, book, minute book, account, register or document, the investigating officer shall report the matter to a Magistrate who shall then deal with the property, record, report, object, article, material, thing, book, minute book, account, register or document as provided for in subsections 413(2),
(3)
and (4), sections 414, 415 and 416 of the Criminal Procedure
Code.
38 Laws of Malaysia ACT 545